Relinquishment deed or SPA

Aakash Chauahan (Querist) 26 July 2017 This query is : Resolved
A immovable property has three owners(brothers) who are alive and they having a sell deed of it, two of them wants to give their full rights/ right to sell the property to the third one.

Which legal document should be taken into consideration ? A relinquishment deed or special/specific power of attorney.
What are pros and cons of each deed?

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Guest (Expert) 26 July 2017
You could choose any one of the option posted by you

Aakash Chauahan (Querist) 26 July 2017
Sir I am the son of the individual who got the property and now want it's full rights.
I met about 3 to 4 lawyers.
They told me that relinquishment deed is refer in case of death of a partner, so it get shifted the rights of him to the rest of the painters. These lawyers told me to refer release deed in which 3% is given to the govt. And 1% to the lawyer .
But a lawyer of other state says that death of a party doesn't necessarily needed. He only suggested me that it is one of the cheapest way.
Somehow I also found that special power of attorney also refer in these cases.
But I don't know does it can challenge the sale deed?

Adv. Yogen Kakade (Expert) 26 July 2017
Unfortunately you have been misguided in this case.
Merely for giving rights to sell the property, it is advisable to execute a power of attorney and do not forget to specifically mention the clause of signing and execution of such deed on behalf. The description of the property shall be in details. The POA can be executed at the convenient nearest subregistrar's office and not necessary at the area where the property is located.

Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888 / 09225510883

Aakash Chauahan (Querist) 26 July 2017
Sir should I go for SPA or GPA?

Kumar Doab (Expert) 26 July 2017
Delete the said lawyer permanently from your list that has asked or 1% for him/her.
He/she is not worthy to be engaged/consulted/retained.

Kumar Doab (Expert) 26 July 2017
Since one partner is to be made full owner outright sale deed may be preferred, without bothering the stamp duty and charges.

This can also do away hazards of other modes that you are contemplating…….POA…..The agent has to retain the trust of principle.

Rest other options do include; release/relinquishment/gift…………………by a valid/registered deed……….
Rest is your personal choice and discretion….

Kumar Doab (Expert) 26 July 2017
Even an honest and experienced senior deedwriter in SRO complex can appraise and draft the deed for you in NO time.

Preferably consult a very able local senior counsel of unshakable repute and integrity specializing in revenue/civil matters…………..and your own counsel can also update you clear title of the said property..........and defects if any, and solution if any is required.

Rajendra K Goyal (Expert) 26 July 2017
Special Power of Attorney is helpful in case of sale of property.

You can have registered relinquishment deed executed.

Aakash Chauahan (Querist) 26 July 2017
@kumar yes sir I know that sale deed is the best option but it took about 3 lacs ,here I am finding a cheapest way to do it as my father is already a partner in this property.

Aakash Chauahan (Querist) 26 July 2017
@rajendra sir the relinquishment deed is followed in case of death of a party as per many lawyers.

Dr J C Vashista (Expert) 27 July 2017
SPA or GPA can not transfer title of the property. Any type of power (attorney) provide for specific purpose but not the title.
Relinquishment deed is the only cheapest option.

Kumar Doab (Expert) 27 July 2017
It has already been suggested that you may avoid the advise of said lawyer that is asking for 1% and rendering such advice's to you.

Kumar Doab (Expert) 27 July 2017
It has also been suggested that: Preferably consult a very able local senior counsel of unshakable repute and integrity specializing in revenue/civil matters...............

Aakash Chauahan (Querist) 28 July 2017
Thank u all for your advice...it is really helpful.
And I'm going with relinquishment deed option.

Relinquishment deed or SPA

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